The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-10-30
THE TINTIC KILLING.
Progress of the Trial in the
District Court at Provo.
THE DEFENSE BEGIN IT'S WORK
Somewhat of a Different Story
Impeaching TesttmoDy-Other'
Court Notes.
PM, OCTOBER %.

Lengthy arguments took place as to
whether the prosecution should pro-
duce the man Dillon for examination,
as part of the res gestae statements were
made by defense that Dillon heard
statements in the cabin against defead-
ant.
The defense were permitted to call
the witness as one of the pIosecution's g,
but that the prosecution might contra
dict the evidence.
The defense preferred not to produce
him under restrictions.
Mr.. George Sutherland made the
opening statement for the defense.
MoRoNI WHEELER-Reside at Nam
moth; keep store for Rynard & Co. (;
tend saloon there have no clock in the
saloon; never has been one.
The defense introduced the testimony
of Donahue and Leech before the Com
missioner, which was admitted, but not
as evidence in-chief, but mainly for i'm
parchment.
clerk of the court; had the record of the
lynching case against Daniel Shields,
ct al. was produced, and defense asked
him the names of the defendants in
that case. The evidence was denied by
the prosecution as being inadmissable.
Defense stated that deceased was one
of the lvnchers, and the others were
antagonistic to this defendant, and
it had a bearing on this case. The at
torneys for defendant stated that they
rely upon self-defense, and they intend
to show a conspiracy to kill this defend
ant, and the deceased was the attack
ing party. The Court permitted the
evidence.
The names of defendants were,
Shields, Harrington, Ryan, Sullivan,
Green, Quinlon, Sullivan, Atkinson,
Murphy, Savage, etc. Tim D. Sullivan
and Joseph Murphy are still under in
dictment. not yet tried.
DAVID EvANs-Was here at the time
of'the lynching case; the defendant
was witness in the case; heard part of
his testimony. 1t was objected that
Mr.. Evans was not a competent wit
ness as to whether the defendant was
competent witness in the lynching case.
Witness had practiced law about ten
years; listened as a spectator to the
case.
OGDEN HILEs-Am attorney-at-law
assistant United States attorney; was
assistant prosecutor in the lynching
case; Either testified on the part of the
prosecution to the main transaction as
to the identifying of defendants; he
identified Tom Driscoll, but was in
some doubt, but to his consciousness
ba coiH nan GhislIc
there. both Driscol and Shields were
discharged.)
Saturday morning the Either case was
resumed.
OGDEN HILEs-Have recently ex-
amined the testimony in the lynching
case, about two weeks ago; do not
think Either recognized Savage Tin his
testimony did not recognizes Fla
herty, Coffee or Donehue. (Witness
named those he did recognize) Wit
ness said Savage admitted he was thers;
was acquitted.
Arthur BRoWN-Witness was called
to show that he was retained by private
parties Gas well as by the Prosecuting
Attorney who are friends of the lynch
ers, and tended to show bitterness
against defendant hare.
The evidence was ruled out.
JOHN LEECH-Am not acquainted
with any of the lynchers, only that I
had known Green in Nevada; have been
informed that be is the same man; l
regard him as friend; know John T.
Shields, Jim Driscol, and Savage. Wit
ness denied that he knew Green at PARK
City. The testimony before the Com
missioner was read and that ne did
know him there, and had known him
eight years. Witness now says that
Green in question was the one he had
known in Nevada and not the one in
Park City. JIG Sullivan told me that
it was Phil. Green-this one | met in
Nevada. Witness denied having any
conservation about that defendant
Either gave perjured testimony in the
lynching case; and denouncing him;
said it was talked of some there in Tin
tic, but he paid no attention to it. Wit
ness acknowledged giving testimony
before the Commissioner that several
men in Eureka talked about those poor
fellows in the Pen, and they went
there on the perjured testimony of
Either, and it was true that such con-
versation took place.
JOHN DAvIs-Know James Donahue;
have known him six or seven years;
know the occasion of the! killing of
Flaherty.
Q.-During conversation did Dona
hue state to you that he snapped his
gun twice at Bert e hier first, and that
if the damned gun had gone off he
would have got him2 Ayes. (Im-
peaching Donahue.)
Cross examined Donahue said, 81
got close CALL" and pointed to the |
powder marks on his face; said Il |
snapped twice and if the gun had gone
off | d have killed him."
(Again to prosecution. HE said, He |
come pretty near getting me, then l |
snapped twice and would have got him |
If the gun mad gone off. .
The attorneys for the prosecution had |
consulted with the witness and pri-
Vately told him that Donahue said,
Bert first came pretty near getting me
then; snapped twice, and would have
got him if the gun had gone off,"
The attorneys for the prosecution de-
MED that they knew he was a witness
Tor the prosecution, Mr.. Dickson (for
she defense) stated that he had spoken
n open court that the witness was for
i 4 L l. 4